Feb. 7 (UPI) — The Department of Homeland Security’s latest policy update adds constraints to the use of force by law enforcement officers, including a ban on chokeholds and new limitations on carrying out no-knock warrants.
Secretary of Homeland Security Alejandro N. Mayorkas announced the updates Tuesday to comply with President Joe Biden’s 2022 executive order directed at increasing trust in law enforcement. It is the first update to the policy on use of force since 2018.
“Our ability to secure the homeland rests on public trust, which is built by accountability, transparency, and effectiveness in our law enforcement practices,” Mayorkas said.
“Today’s policy announcement is designed to advance those essential values.”
The policy update adds more extensive reporting for use-of-force incidents and changes to law enforcement training when it comes to using force. Perhaps the most significant changes are the ban of deadly chokeholds and limitations on no-knock entries.
The provision under the guidance for safe tactics covers two types of chokeholds, those that restrict the oxygen of the person in the hold and those that restrict blood flow to the brain, also called carotid restraints. Under the policy, chokeholds are prohibited unless deadly force is authorized. They may not be used for people who are resisting arrest or are simply non-compliant with officers.
The standards for deadly force authorization are intended to be more clear under the new guidance. It cannot be used against a person who is a threat only to themselves or property. Uses of force will be held to the Supreme Court’s standard of “reasonableness” under the Fourth Amendment.
“The reasonableness of a LEO’s use of force must be judged ‘from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,'” the policy states, referring to discussions about the Fourth Amendment.
The guidance orders that use of force must be stopped once the situation is under control, loosely defined by resistance ceasing. Though the text suggests officers may be given some benefit of the doubt, citing “the fact that LEOs are often forced to make split-second judgments, in circumstances that are tense, uncertain, and rapidly evolving.”
“Law enforcement agents and officers have profound responsibilities in their noble profession,” Mayorkas said. “We are grateful for the sacrifices they make every day and are confident that, working together, we can build safer and fairer processes to enforce our laws.”
Data on the execution of no-knock warrants must be reported to the Office for Civil Rights and Civil Liberties within 30 days, accompanied by an affidavit and copy of the warrant, the policy says. These warrants are only to be issued if there is a strong reason to believe that law enforcement knocking and announcing itself would create an “imminent threat,” to public safety or the safety of the officers.
A no-knock warrant may also be issued if there is a national security risk involved, even if it is not believed that there will be a direct threat of violence at the time of execution. According to the DHS, this entails the interest of curtailing attempts to destroy evidence.